On April 16, 2010, the Pennsylvania Supreme Court granted Attorney Andrew Shubin’s petition for allocatur in Commonwealth v. Zortman, a 2006 drug trafficking case prosecuted by the Attorney General’s office. The Supreme Court will hear argument on whether Zortman, the then girlfriend of a Clearfield County drug dealer, should be hit with a five year mandatory minimum state prison sentence based upon the presence of an inoperable firearm in the residence. Shubin, who represented Zortman in the appellate proceedings, expects the case to be briefed and argued before the end of the year.

Former Daily Collegian photographer Maxwell Kruger, Class of 2009, entered the Accelerated Rehabilitative Disposition (ARD) program Monday at the Centre County Courthouse, ending the two years he spent in the Centre County legal system in connection to the 2008 Ohio State riot.

Kruger, who was not on the Collegian staff at the time of the riot, was charged in 2008 with two counts of felony riot, failure to disperse, disorderly conduct and criminal mischief, according to court documents.

But in September 2009 both felony counts and the count of misdemeanor failure to disperse were dismissed, according to court documents.

Kruger’s attorney Andrew Shubin did not comment on the terms of Kruger’s entrance into the ARD program, but he said this leaves Kruger with no criminal history in connection to the riot.

2008 STATE COLLEGE RIOT
Parks Miller dropping case of photographer
Sara Ganim

BELLEFONTE — District Attorney Stacy Parks Miller will not pursue a criminal case against a student photographer charged with ignoring police orders to leave the 2008 State College riot that he was covering for the Daily Collegian newspaper.

In a prepared statement Thursday, Parks Miller said it’s in “the interest of justice” that she not continue the appeal started by her predecessor Michael Madeira.

Madeira had approved charges of inciting the crowd of thousands that gathered in Beaver Canyon after Penn State’s football team beat Ohio State that year. Police also charged photographer Michael Felletter with not leaving when police ordered.

Felletter was on assignment for the Penn State student newspaper. Police said that by taking pictures with large equipment, he was encouraging the crowd to act more rowdy.

The charges were thrown out by a judge, but Madeira appealed the case to the state Superior Court in August. Thursday, Parks Miller sent a letter to the Superior Court saying she will not continue the appeal.

“I’m really proud of him for fighting this fight and for not backing down and for understanding,” said Felletter’s attorney Andrew Shubin. “It shows a level of sophistication for a college student to understand the level of importance for fighting this fight and not giving in. I really do think that Michael understood he was fighting this not just for his own career but for the principles.”
(more…)

Sara Ganim
STATE COLLEGE — Scott Marion never thought selling $35 worth of marijuana to a college buddy might land him in state prison for more than two years.

Sentencing guidelines for that kind of crime call for probation to 30 days in county jail — with one huge exception.

If you are caught selling drugs within 1,000 feet of a school, state law says prosecutors can seek a two-year mandatory minimum sentence.

(more…)

September 30, 2009, Bellefonte, PA

District Justice Carmine Prestia dismissed furnishing alcohol to minors and related alcohol violations against Tau Epsilon Phi after a preliminary hearing in Centre County Central Criminal Court. The State College Police charged the fraternity with misdemeanors following a summer party at the house. The Commonwealth called an eighteen year old student, who had been cited for underage drinking and disorderly conduct after being caught urinating in bushes, to testify against the fraternity in return for favorable consideration from the District Attorney’s office. The student testified that he drank several beers at the fraternity house. The court agreed with Attorney Andrew Shubin’s argument that there was insufficient evidence linking the fraternity as a corporate entity to any criminal wrongdoing and dismissed all charges.

Attorney Andrew Shubin called the case “doomed from the beginning,” yet a Daily Collegian photographer faced misdemeanor charges for months after the October 2008 downtown State College riot.
(more…)

On Oct. 25 last year, thousands of students rushed into Beaver Canyon to celebrate Penn State’s victory over rival Ohio State.

We didn’t know it, but the First Amendment was on the line.

(more…)

July 27, 2009

PENNSYLVANIA — A photographer at Pennsylvania State University’s Daily Collegian was cleared of his remaining failure to disperse charge July 22 in a pre-trial motion after he was arrested last fall while covering a post-football-game riot.

(more…)

Sara Ganim – sganim@centredaily.com
Thursday, Jul. 23, 2009
A Daily Collegian photographer charged with inciting revelers during the October downtown State College riot has been cleared of any wrongdoing by a judge.

Michael Felletter had fought the two misdemeanor charges — filed by police who said his pictures were making the crowd act more rowdy and that he did not leave the scene when police ordered — on First Amendment grounds.

“In the U.S., we don’t arrest the press for covering major events and protests,” said Felletter’s attorney, Andy Shubin, who called the case “doomed from the beginning.”

(more…)

In the July 23, 2009, Philadelphia Inquirer

BELLEFONTE, Pa. – A judge dismissed the remaining misdemeanor charge against a photographer for the independent campus newspaper at Penn State in connection with an unruly fan celebration in State College.

Prosecutors had dropped five of six misdemeanors against photographer Michael Felletter earlier this year following the Oct. 25 disturbance after the Nittany Lions’ football win at Ohio State.

A sixth count, for failing to disperse, was dismissed Wednesday by a Centre County judge.

Felletter’s lawyer (Andrew Shubin, from State College, PA) said the student was just doing his job as a member of the press.

Authorities had initially charged about 20 people in connection with the disturbance, and several were charged with felony riot.